STATE Vs. MRITUNJAY BISWAS

JUDGEMENT

(1.) On 10th May, 2000 one Ramananda was found dead in his house at about 9/9-30 AM in the morning His head was detached from his body. The villagers discovered the dead body and thereafter lodged FIR with the local police station. On the day earlier i.e. on May 9, 2000 the accused Mritunjay came to the house of Ramananda and victim in presence of the Prosecution Witness No. 1 advised Mritunjay to stay at night as the road was a forest road and it was not advisable to travel during night. P. W. 1 and one Kalipada met Mritunjay in the evening at the house of Ramananda and they left the place after a while. In the next morning at 9/9-30 AM they discovered the dead body and lodged FIR with the police. While going to the police station they met one tea stall owner being P.W. 7 who stated that the accused Mritunjay took tea from his stall and when he demanded money Mritunjay threatened him with dire consequence and told him that he had finished one and the stall owner would have the same fate if the money was demanded.

(2.) Next day, i.e., on 11th May, 2000 Mritunjay surrendered to the police and made confessional statement under Section 164 of the Cr. P.C.

(3.) The local police authority recovered the body from the locale. They also seized one chopper (Dah) with blood stained nearthe dead body. The police authority also found the head detached from the body. They also recovered the wearing appeals of Mritunjay being one baniyan and one lungi from the house of the victim. The police sent the body for post mortem. The police authority also sent the blood samples from the body, the chopper as well as the wearing apparels having blood stains used by Mritunjay.